NWT Small Claims Response Deadline: 25 Days to File Your Defence

The Two Deadlines You Need to Know

The Territorial Court of the Northwest Territories gives defendants a strict window to file Form 2 (Statement of Defence) after being served with a claim. The exact deadline depends on where you were standing when the papers reached you:

• Served inside the Northwest Territories: 25 calendar days
• Served outside the Northwest Territories: 30 calendar days

These deadlines are printed on the face of Form 1 (Statement of Claim) itself. They are not suggestions. A formal extension may be made through a written consent agreement signed by all parties and filed with the court, or by a judicial order.

How to Count the Days

Day counting starts the day after service. The date you received the papers is "Day 0" — it does not count toward the deadline. Day 1 is the next calendar day.

Example: You are personally served in Yellowknife on Thursday, May 1. May 1 is Day 0. Day 1 is Friday, May 2. Counting 25 calendar days from there, your deadline falls on Monday, May 26. If May 26 is not a territorial holiday, your Form 2 must be filed at the court registry by 4:00 PM that day.

If the final day lands on a Saturday, Sunday, territorial statutory holiday, or a day the registry is officially closed, the deadline extends to 4:00 PM on the next business day the registry is open.

What Counts as "Filed"

Filing means the registry has received and accepted your Form 2 — not that you dropped it in the mail. If you mail your defence, it must arrive at the registry within the deadline. Mailing it on Day 24 and having it arrive on Day 28 counts as late.

You can file in three ways:

1. In person at the court registry counter during public hours (Yellowknife: 9:30 AM – 4:00 PM; Hay River and Inuvik: 9:30 AM – 12:00 PM and 1:00 PM – 4:00 PM)
2. By mail to the registry's postal address
3. By email as a signed PDF sent to the registry's email address

For mail and email filings, build in a buffer. Registry staff need to process your documents, and delays are your problem, not theirs.

What Happens If You Miss the Deadline

Once the response window closes without a filed defence, the plaintiff can apply for a default judgment. For a fixed-sum claim — an unpaid invoice or a specific dollar amount — a registry clerk can sign Form 11 (Default Judgment) without an oral hearing. For claims where damages need assessment, a judge may schedule an assessment hearing where the plaintiff must present brief oral or documentary evidence.

Either way, a default judgment is enforceable. A judgment creditor may then seek enforcement through a garnishee summons (Form 35) or a writ of execution (Form 22).

Can You Still Respond After the Deadline?

If you missed the deadline but default judgment has not yet been entered, file your Form 2 immediately. A late filing does not guarantee that a default application will be avoided.

If default judgment has already been entered, you need to file Form 40 (Application to Judge) asking the court to set it aside. You will need to explain why you missed the deadline, show that you were not deliberately ignoring the case, and demonstrate that you have a real defence on the merits. Filing Form 40 does not automatically stop enforcement — you must specifically request a stay of execution within the application.

Verbal Extensions Do Not Count

A promise from the plaintiff to give you more time does not suspend the statutory clock. An extension may be made through a written consent agreement signed by all parties and filed with the court, or by a judicial order obtained through Form 40 (Application to Judge).

Next Steps

The complete NWT small claims response guide walks you through every step from calculating your deadline to filing Form 2 and preparing for the mandatory settlement conference. It includes a deadline calculator worksheet and a Form 2 drafting template so nothing gets missed under pressure.

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